Human Law Mediation
Human Law Mediation
Blog Post
  • Let us be blunt about it, many people are comfortable about the thought of taking/being involved in legal action but less comfortable about paying legal costs of their lawyer and/or possibly being exposed to paying some one else's legal costs if they lose.This scenario typically happens after someone has entered a caveat.You enter caveat and then you face the threat of legal action from some lawye...

Human Law Mediation
Human Law Mediation
Blog Post
  • Some of the work which I continue to do involves primarily representing employees who are being bullied in the work place.I have just been advising on a case where someone is being bullied and advised by a trade union not to make an allegation of constructive dismissal as it is too difficult to prove, but rather to focus solely on alleging discrimination.From experience this can be a misguided ste...

Human Law Mediation
Human Law Mediation
Blog Post
  • In this post we look at one of the possible legal claims which can be made against an executor which is called devastavit and addresses an executor who squanders and wastes assets.  What is Devastavit? Devastavit is a Latin term meaning "he has laid waste" and for our purposes it is used to describe the mismanagement of the estate of a deceased person by his or her personal representative, usually...

Human Law Mediation
Human Law Mediation
Blog Post
  • Keeping away from employment tribunals and Court room battles  How to save money, maintain business relationships and avoid negative publicity by embracing the power of mediation to resolve business and employee disputes.   This paper provides a complete road map for managers who need to lower the cost of settling disagreements and disputes with employees, customers and suppliers.   After reading ...

Human Law Mediation
Human Law Mediation
Blog Post
  • The recent failure to announce the EU/UK agreement which never was on Monday 4th December illustrates some of the difficulties of Brexit negotiation and negotiations in general.Much of the UK press have been critical of the UK Government and blaming it for things going wrong but is also worth bearing in mind the most difficult phase of the mediation is the end phase albeit here we are looking at e...

Human Law Mediation
Human Law Mediation
Blog Post
  • Just to let you know that the book on elderly law which I have written is going to be published this  Monday 27th November and is available now for purchase. For those interested, it is already on the Amazon site. I expect to be able to offer a 10% discount to my ezine subscribers to purchases made on my publishers' website soon and please email me if you are interested.

Human Law Mediation
Human Law Mediation
Blog Post
  • I have previously posted on how to resign effectively and how Eleanor Roosevelt's resignation from Daughters of the American Revolution which represents a model on how to leave any organisation.We have just had two UK cabinet resignations namely Michael Fallon and Priti Patel - It is very interesting to compare both letters which we refer to here and here.Both resignations give a snap shot give a ...

Human Law Mediation
Human Law Mediation
Blog Post
  • The recent news that Monarch Airlline has folded is not a total surprise to me. My firm has negotiated a few exit packages for senior staff from the organisations and there were a few signs communicated to us of difficulty at the organisation.e.g Complaints over staff relations, unnecessary penny pinching in negotiating, the organisation having a number of staff going to Employment Tribunal.This i...

Human Law Mediation
Human Law Mediation
Blog Post
  • We live in interesting times where the leading retiring Judge on Lasting Power of Attorney disputes, Denzil Lush and author of thebook, Lasting  and Enduring Power of Attorneys has said he would not trust anyone to be hisattorney and criticises the Ministry of Justice for promoting LPAs.  It is all very well the Ministry of Justice referring to itszero tolerance to attorney abuse but a fundamental...

Human Law Mediation
Human Law Mediation
Blog Post
  • I am very pleased to say that I have finished work on a Practical Guide to Elderly Client Law and it is now with my publishers, Law Brief Publishing for checking and completion.There are ten chapters which are:1 Will Validity 2 Inheritance 3 Executors 4 Trusts 5 Care Fees 6 LPA  7 Mental Capacity 8 LPA & Probate Fraud 9 Mediation Law 10 Practical Use of Mediation for the Advisor & Client   I would...

Human Law Mediation
Human Law Mediation
Blog Post
  • One area of work which my firm deals with is addressing Lasting Power of Attorney/Probate Fraud or those who simply ignore the relevant lawsand do simply as they see fit. According to a report by the Society of Trust and EstatePractitioners (STEP), the cost of probate fraud is in the region of £150million.These figures are difficult to estimate but I think theproblems are much worse not least of w...

Human Law Mediation
Human Law Mediation
Blog Post
  • Currently we are representing clients engaged in suing employers within the private and public sector.One issue that we are facing within the employment law sphere is within discrimination and the question is how high a figure you go with in presenting your Schedule Of Losses.As many readers will know discrimination cases do not have a compensation cap(compared to Unfair Dismissal which is £80,541...

Human Law Mediation
Human Law Mediation
Blog Post
  • One of the biggest legal frustrations is if you are a beneficiary of a trust and find yourself dealing with a trustee who is acting with impunity and on the face of it illegally e.g no disclosure of information, giving general impression they view you with contempt particularly if you ask perfectly simple questions which they view as some kind of intrusion. This causes immense upset not least of w...

Human Law Mediation
Human Law Mediation
Blog Post
  • Review and submitReview your data before submission,you can amend your data after you have submitted if you need to.You are about to submit data for thefollowing firms:·        612531 HUMAN LAW LLP·        613802 HUMAN LAW LONDON LIMITEDA preview of the data you aresubmitting:This is a summary of your responsesQuestionResponseSolicitor partners (solepractitioner, member or director)1. Select the c...

Human Law Mediation
Human Law Mediation
Blog Post
  • With the successful appeal by Unison, and the Supreme Court giving the government a severe kicking on the introduction of Employment Tribunal fees, it is worth considering how much the level of Employment Tribunal claims will rise and how vulnerable businesses are to employee legal claims.It is worth considering the following:1 The Fees Regime was oppressive -   The fees regime was employment trib...

Human Law Mediation
Human Law Mediation
Blog Post
  • If a person does not have the necessary testamentarycapacity to make a will, then the court can make an order authorising a personto execute a will on that person's behalf. An application needs to be madeasking the Court of Protection to authorise the execution of that will. (the statutory will)In what circumstanceswill a statutory will be made?·         the vulnerable person has never made a wil...

Human Law Mediation
Human Law Mediation
Blog Post
  • Further to the general election and the loss of her party's majority, it is plain by looking at the demeanour of Prime Minister Theresa May when she is talking in Parliament and elsewhere that she is personally suffering and that she has experienced a profound loss of self confidence.She may have good reason to be in this state of mind but this mentality is not good for her and for the sake of her...

Human Law Mediation
Human Law Mediation
Blog Post
  • If one is making a LPA and appointing one or more attorney it is critical to get the appointment right and the attorneys have integrity and get on.When it goes wrong, something like this can happen. In the case of The Public Guardian v CS & PL [2015] EWCOP30the Donor, EL, was diagnosed with  dementia in 2009and appointed her two children, CS and PL, as her attorneys with the power toact jointly in...

Human Law Mediation
Human Law Mediation
Blog Post
  • The Court of Protection and Office of Public Guardian has historically received negative press but my experience is more positive.They are actually quite efficient.The latest OPG annual report(2015/16)  is quite revealing in how they deal with complaints including revealing speedy complaints: "We continue to work very closely with our external partners – including the CoP, security bond providers,...

Human Law Mediation
Human Law Mediation
Blog Post
  • I am currently advising clients seeking to do a LPA investigation on suspected financial abuse.These problems of financial abuse are understated and sadly, widespread. While there has been a rise in the investigations intoattorneys and deputies over financial wrongdoing - from 487 in 2013, to 885 in2015.( LawyerBen Tyer, of GLP Solicitors, filed the datarequest and should be congratulated on getti...

Human Law Mediation
Human Law Mediation
Blog Post
  • Human Law has published a new FREE White Paper - Negotiating for Excellent Results.It's a must read for anyone trying to get the best out of business transactions or facing difficult negotiations with employees, customers or suppliers.As well  as providing a 10 step plan for effective negotiations which enable you to negotiate with power and persuasion the White Paper has useful advice on when to ...

Human Law Mediation
Human Law Mediation
Blog Post
  • With the shock of the UK general election result it may be worth reflecting that even though Conservatives have won the most votes, history is not on their side when it comes to running a successful subsequent minority administration.Since 1918 there have been three other general elections that have been followed by minority governments.All of those minority governments have been unsuccessful.The ...

Human Law Mediation
Human Law Mediation
Blog Post
  • The issue of care fees is topical. Irrespective of who wins the general election and to what extent, families across the country will continue to be concerned about their liability for care fees.Do you really want to hand control over your care to the state? If you are a self funder, (around 40% of care home places are self funding) the individual has more freedom about choosing a care home compar...

Human Law Mediation
Human Law Mediation
Blog Post
  • As the Brexit negotiations continue, both parties are to a greaterextent continue to misread what the other party is thinking and in fact displayclassic signs of negotiation failure namely they have their heads in the sand andavoid facts.On the EU side according to Ambrose Evans Pritchard in the Telegraph(premium)  “The established narrative in EU capitals andthe European press is that Britain has...

Human Law Mediation
Human Law Mediation
Blog Post
  • If you are engaged in a will dispute particularly over the validity of a will accumulation of evidence is critical. What are the key things to focus on?A non exhaustive list of things to do include: 1 Get Thewill –  To attack thevalidity of the will you need to obtainthe will – If a person refused to provide the will an application can be madefor the issue of a witness summons via the Senior Court...

Human Law Mediation
Human Law Mediation
Blog Post
  • As a result of the specialised nature of NHS continuing healthcare and if you are in need of having specific support,  then you do what you can to find an organisation/lawyer with the right expertise and experience to support you.. In order to help you make that decision you can do worse than ask your lawyer/specialist organisation these five questions: How long has the lawyer been specialising in...

Human Law Mediation
Human Law Mediation
Blog Post
  • With respect Brexit and the recent hard-nosed statements of Thersa May, and Jean Claude Junker regarding the recent Downing Street dinner it is blindingly obvious that both the Conservative PM and the Commission EU President have vested interests in amplifying the disputes which have little to do with what is good for their countries/institutions and more about shoring their own respective positon...

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